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19 Apr 2012, 4:56 am
Even if the affiant's representations were not deliberately false on his part, in the circumstances of this case and given Blackwell's unrefuted testimony, they were made with reckless indifference of the truth and misleaded the state judge on the matter of probable cause. [read post]
22 Oct 2010, 11:11 am
Nearly everyone agrees that, as an intuitive matter, the “reasonableness” of a search or seizure depends to some degree on the seriousness of the crime being investigated. [read post]
26 Feb 2010, 9:37 am
Having failed to set forth sufficient facts to support a finding of reasonable suspicion, the government suggested at oral argument that we remand the matter for an evidentiary hearing. [read post]
1 Aug 2008, 10:47 pm
Officials said such procedures have long been in place but were disclosed last month because of public interest in the matter. [read post]
3 Dec 2012, 11:14 am
” Buckfire & Buckfire, P.C. handles all accident and injury cases, including auto accidents, motorcycle accidents, wrongful death cases, medical malpractice lawsuits, nursing home neglect cases, slip and fall cases, dog bite attack cases, and all other personal injury matters throughout the State of Michigan. [read post]
15 Aug 2009, 2:21 pm
The information you will need includes: Name of the LLC Name and address of the Registered Agent Address of the LLC's principal office Names and addresses of the LLC Managers The registered agent is a person that will receive formal notices from the State of Texas about matters involving the LLC. [read post]
5 Dec 2010, 8:20 am
Accordingly, we conclude that the trial court erred, as a matter of law, in finding that the defendant did not exhibit an expectation of privacy. [read post]
20 Mar 2011, 6:05 am
[Note: I still can't buy this, no matter how it is dressed up. [read post]
7 Jun 2008, 9:05 am
As a matter of fact my old lady is skinny. [read post]
8 Aug 2010, 9:59 am
Accordingly, the matter is remanded for a new trial. [read post]
8 May 2011, 4:10 am
At first, Benedict's detention was voluntary as Benedict agreed to talk with Trooper Hayes about contraband matters. [read post]
13 Jun 2010, 9:23 am
The officer-safety exception is necessary because of the unique circumstances to which it applies: "'A police officer in the field frequently must make life-or-death decisions in a matter of seconds. [read post]
19 Jun 2011, 7:13 am
The Court necessarily weighed the evidence and did not view it in the light most favorable to Pitts when it concluded that there was no evidence to support a suggestion of pretext and that Spence's asserted fear rendered the towing and inventory search reasonable as a matter of law. [read post]
7 Mar 2010, 6:45 am
On the other hand, in this matter, Officer Milan stated at the suppression hearing that Defendant was on the Ferry when he observed the bag in question and that there was no indication that Defendant was leaving the Ferry or intended to stay in St. [read post]
28 Jul 2020, 9:27 am
Courts have held that a plaintiff must show that negligence can be inferred based on matters of common knowledge or present an expert to explain that the accident generally did not occur in the absence of negligence. [read post]
6 Nov 2010, 4:57 am
.* The officer received an anonymous tip that defendant had warrants for his arrest which was confirmed by dispatch, while he didn’t know whether they were for misdemeanors or felonies, that did not matter. [read post]
18 Nov 2013, 1:47 pm
Noah Coffey Federal authorities have arrested five more men accused of taking part in a 21st-century bank heist that siphoned a whopping $45 million out of ATMs around the world in a matter of hours. [read post]
20 Feb 2010, 4:41 am
Defense counsel waived the motion to suppress in this case by waiting too long to file it, but that did not matter because the trial court on the proffer found that the search was by consent as an alternative ground. [read post]
18 Mar 2010, 3:56 am
Items seized during a legal inventory search may be admissible as evidence because "reasonable police regulations relating to inventory procedures administered in good faith satisfy the Fourth Amendment, even though courts might as a matter of hindsight be able to devise equally reasonable rules requiring a different procedure. [read post]
15 Feb 2012, 6:03 am
Rather, an officer may "inquir[e] into matters unrelated to the justification for the traffic stop, ... and may take other actions that do not constitute 'searches' within the meaning of the Fourth Amendment, such as conducting a dog-sniff of the vehicle," provided that those additional actions or inquiries "do not measurably extend the duration of the stop. [read post]
